Morton v Thornton Print Ltd [2008] All ER (D) 30 (Sep)
The Employment Appeal Tribunal considered the test to be applied in determining whether the employee was constructively dismissed.
It was held that the “last straw” principle simply means that the final matter which leads to the acceptance of a repudiatory breach of contract when taken together and cumulatively with earlier conduct entitles a party to accept a repudiatory breach of contract, whether that last matter is in itself a breach of contract or not.
Where the substance of a complaint is made known it is not also necessary to identify the trigger for accepting the repudiatory breach, and so the trigger for a decision to accept a repudiatory breach of contract need not itself be the subject of a grievance.
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